HomeMy WebLinkAbout09-3741Name:
(Your Name)
Address: S0q r)l i l I P Rcee Roos C1
(Your Address)
City: C AR L.i SLt-, PA Zip:) -70) a
Telephone: 717-
(Your Telephone Number)
Email: es_eQ J?rX rr. &lrrmniL . Cov.-A
(Your Email Address)
tl^
'? IN THE COURT OF COMMON PLEAS
I?11 ILK i . ?hCA±+
Plaintiff (Your Name) : QMBERIXU'OUNTY, PENNSYLVANIA
09- 3 9 yl &?d
v. NO. CV CU
Byzkyo&n R 0,N CIVIL ACTION -LAW
Defendant (Name of All er People who have CUSTODY ACTION
Custody Rights)
COMPLAINT FOR CUSTODY
fP_ f2 , residing at
1. The Plaintiff(s) is/are N i Ki _ i?q6egrf
(Your Name)
SOW M11 R"C"e, R?lad C.BIe.LiSLe , C0,m6az.liq ounty, PA
(Street Address) (City) (County)
17013 . The Plaintiffs telephone number is '71'7 - 3 IS -q304 -
(Zip Code) (Telephone Number of Plaintiff)
2. The Defendant(s) is/are & tF md&n R? LeU R tq k , residing at
(Name of All Other People VVh@Jiave Custody Rights)
f7a Vi PaiWIA Ave , CI?teLiSLe Cjtyn6jAjqjunty,PA )70),3
(Street Address) (City) (Zip Code)
The Defendant's telephone number is 7 1_]- R)13 - 993
(Telephone number of Defendant)
3(a). Plaintiff seeks (CIRCLE ONE) rimary custod (partial custody) (shared
custody) (visitation) of the following child(ren):
Name(s) of Child(ren) Present Residence
Rt L& ( R a
Date of Birth
e/13/ZCapB
3(b). Th chit ren) as ere) (was not/were not) born out of wedlock. The(children)
are presently in the custody of N,i k k t E • Shut-4(f ?P , who resides at
(Name of Person) T
0I rn i II Rl? M , 049, ?L C! m / v?? FAA. His or er lationship to
(Address
the child(ren) is ?ic ?r??`?,A? m
(Relations to Child(ren)
During the past five years, the child(ren) have resided with the following persons
and at the following addresses:
List All Persons
List All Addresses
Dates
B1ZR1\ k'n R, F`i AEy,
!)) 14
?a 11i Q A?.? ?}ue- ?21r's1e I?ec, ?3, ?rz8- Im?µ a3, aCt?°I
3(c). The mother of the child(ren) is Ni k K; Ebb-AbPIA Sbeaf fE
(Name of Mother)
currently residing at j I ?P ya Pxa13 PA. She is
(Address of Mother)
(CIRCLE ONE) (married) (divorced) single
The father of the child(ren) is Bwt/ &/n R1 L q Fi qk
(Name of Father)
currently residing at
G'e,GJ
2 - hne ?He is
Address of Father)
(CIRCLE ONE) (married) (divorced) Ingle).
4. The relationship of Plaintiff to the child(ren) is that of (CIRCLE ONE) other
(Father) (Other): If Other, explain: K? I14
The Plaintiff currently resides with the following persons:
Name
Rbbxj o r?nkl h? VW W m IM
Relationship
SIS I>?2. ??nrh? i r? t_.cec,J
5. The relationship of Defendant to the child(ren) is that of (CIRCLE ONE) (Mother)
athe (Other): If Other, explain: L) 1114
The Defendant currently resides with the following persons:
Name
?(?.e 1-P
Relationship
6(a). Plaintiff (CIRCLE ONE) (has) s no participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the child(ren) in this or
another court. The court, term, number, and its relationship to this action is:
6(b). Plaintiff (CIRCLE ONE) (has) as no information of a custody proceeding
concerning the child(ren) pending in a court of this Commonwealth or any other state.
The court, term, number, and its relationship to this action is:
X110
6(c). Plaintiff (CIRCLE ONE) (knows) does not kno of a person not a party to the
proceedings who has physical custody of the child(ren) or claims to have custody or
visitation rights with respect to the child(ren). The name and address of such person is:
7. The best interest and permanent welfare of the child(ren) will be served by
granting the relief requested because (set forth facts showing that the granting of
the relief requested will be in the best interest and permanent welfare of the
child(ren):
SrE I
Want and
4S
8. Each parent whose parental rights to the child(ren) have not been
terminated and the person who has physical custody of the child(ren) have been
named as parties to this action. All other persons, named below, who are known to
have or claim a right to custody or visitation of the child(ren) will be given notice of the
pendency of this action and the right to intervene:
Name
Address
Basis of Claim
Wherefore, plaintiff requests the court to grant (CIRCLE ONE) ma custody
(partial custody) (shared custody) (visitation) of the child.
I verify that the statements made in the Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904 relating to unsworn falsification to authorities.
Dater Sign ture of Plaintiff our signature)
r71-7 - 315 d 936? L4
Telephone Number of Plaintiff
(Your Telephone Number)
&9AY P,09444
YIMTAPII T.
M% UP*
w 1
Trexler Notary And PerWegal
Services
Barry K. Treader, J.D.
551 West Drive
Harrisburg, Pa 17111
717-566-1732
AF"':?" -
AFFIDAVIT
I, il/'! j -5heq J)?r , hereby certify that the aforegoing is true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated:
FILED-OFFICE
OF THE FROT O'NORY
2009 JUN -8 AM 10: 53
,&, Pw v /
oct?e 2 2 G J 3a
`- M
Nikki Elizabeth Sheaffer IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
Pennsylvania
V.
No. o.?- 3 ,7,11 Lva %?--
Brandon Riley Fink
Defendant CIVIL ACTION- LAW
STIPULATION
AND NOW come the parties, Nikki Elizabeth Sheaffer, pro se and Brandon
Riley Fink, pro se and hereby stipulate and agree as follows:
1. Mother, Nikki Elizabeth Sheaffer, shall have sole legal custody of the
subject minor child, Hayden Riley Fink, born August 13, 2008.
2. Mother shall appraise Father of Hayden's medical conditions and other
issues relating to the child's health and welfare, in writing by regular mail or
by telephone. When child become's of school age, the appropriate academic
records will also be shared as described above.
3. Father shall continue counseling with Dr. Snelson, Ph.D. every week, or
with such frequency as Dr. Snelson, Ph.D. determines, or until further order
of court, to move forward in the reunification and eventual unsupervised
visits with his son, Hayden. Supervised visits shall continue until such time
Father is deemed appropriate by his counselor Dr. Snelson, Ph.D. to have
unsupervised visits. Written documentation from Dr. Snelson, Ph.D. is to be
provided to Mother prior to unsupervised contact occurring, stating that
Father is safe for such said visits.
4. Supervised visits shall occur between Father and said minor child, on
Wednesdays or Thursday of parents long work week and Mondays or
Fridays on the short work weeks, times to be determined by the parities and
the supervisor's of the visits. Supervised visits shall occur in a public place
such as a mall or Goodwill Fire Company if Mother is the supervisor. If
visits are supervised by Mother's father, Paul L. Sheaffer and his wife,
Suzanne F. Sheaffer, the visits can occur at their house 1917 Linglestown
Road, Harrisburg, Pennsylvania or other mutual agreed upon location.
,-/? m?
Monthly meetings shall be established between the parties and Paul and
Suzanne Sheaffer to discuss the progress of supervised visits. Paul and
Suzanne Sheaffer shall make themselves available whether in person,
telephonically or written communication to Father's therapist upon his
request to discuss progress with his child. Other times of visitation are at the
discretion of the parties and mutually agreed upon.
5. Father, Brandon Riley Fink, is hereby enjoined from contacting Mother,
Nikki Elizabeth Sheaffer in any threatening manner, whether verbal,
gestured or electronically as well as any other means of communication.
6. No Conflict Zone: Each parent agrees not to attempt to alienate the
affections of the child from the other and will make a special conscious
effort not to do so. Both parties shall establish a No Conflict Zone for their
child and refrain from making derogatory comments about the other parent
in the presence of the child whether the child is sleeping or awake.
Each parent shall speak respectfully of the other whether it is believed the
other reciprocates or not. Each parental figure shall refer to the other by the
appropriate role name such as Mom, Dad, Nana, Pop, etc. Each parent
should agree to refrain from encouraging the child to provide reports about
the other parent. Communication should always take place directly between
the parents, without using the child as an intermediary. Each parent should
encourage their child to send the appropriate holiday cards to the other.
7. During any period of custody or visitation the parties to this Order shall
not posses or use any controlled substance, nor shall they consume alcoholic
beverages to the point of intoxication, nor smoke cigarettes inside the
residence or vehicle. The parties shall likewise assure, to the extent
possible, that other household members and/ or houseguests comply with
this prohibition.
-i , .
June 5, 2009
IA-1
Ni i Elizabeth Shea r
Pro se
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 5TH
DAY OF JUNE, 2009
4 NO A Y PUB IC
NOTAitlAl?lll
VW K.
NO my PUBLIGNOTMlY O 1210W
TRAT ; Doa Cwmyl K
IAi r 'WV1 ,',
June 5, 2009
Brandon Riley Fink
Pro se
SWORN TO AND SUBSCRIBED
BEFO E IS 5TH
DAY O JUNE, 2N9
PUBLIC 0356
D?JiCIPHN?FCOUNTY, PA,
O- WAA N EXP H OCT.1. 2012
Tmder Notuy?Md Paralegal
Barry K Troxler, J.D.
551 West Drive
Harrisburg, Pa 17111
717566.1732
Trwr N And PuaNpu
Bury K Troxler, J.D.
551 West Drive
Harrisburg, Pa 17111
717-566-1732
RE)-QFFICE
OF THE ppjTPMTARY
ZQII9 JUN -8 AM 10: 54
1
V13iaia}?y`
C
'wC: ^ •J icy.. ?i A.4
`.4
+ f?3JX3?" _?? vQ (
Nikki Elizabeth Sheaffer
Plaintiff
JUN 0 9 Z00j6
IN THE COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
No. u -7. 1U I Tom.
V.
Brandon Riley Fink
Defendant
CIVIL ACTION- LAW
Order of the Court
AND NOW, this 10 day o? , 2009, the terms of the attached
Stipulation are hereby made an Order of this court.
BY THE CO
Distribution:
e"Nikki Elizabeth Sheaffer
504 Mill Race Road
Carlisle, Pennsylvania 17013
Brandon Riley Fink
172 Virginia Ave.
Carlisle, Pennsylvania 17013
The Honorable
14 & Mrs. Paul Sheaffer., custody supervisors
1917 Linglestown Road
Harrisburg, Pa. 17110
L?toId'
s
RLED-t:FCE
OF THE FEO''HONOARY
2009 JUN 10 AM I f : 5 5
P..i`vitiS,Ivi, ?i"
TA BOM &
&U 1 LILAKIS
Michelle L. Sommer, Esquire
Attorney I.D. #: 93034
2 West High Street
Carlisle, PA 17013
(717) 249-0900
NIKKI ELIZABETH SHEAFFER,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
BRANDON RILEY FINK,
Defendant/Petitioner
NO. 09-3741
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION
AND NOW, comes the Petitioner, BRANDON RILEY FINK, by and through his
attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIs, L.L.P., respectfully petitions for
modification of custody, and in support thereof avers the following:
COMPLAINT
1. Petitioner is Brandon R. Fink, the Defendant, who currently resides at 172 Virginia
Avenue, Carlisle, Cumberland County, Pennsylvania.
2. Respondent is Nikki Sheaffer, the Plaintiff, who currently resides at 504 Mill Race Road,
Carlisle, Cumberland County, Pennsylvania.
3. On or about June 5, 2009, the parties executed a Custody Stipulation wherein Mother has
full legal custody of Hayden Riley Fink, born August 13, 2008. Mother has primary
physical custody of the child and Father has periods of supervised physical custody as
agreed upon. Supervised custody shall continue until his counselor deems it appropriate
that Father have unsupervised visits.
4. The Order was signed by The Honorable Edgar B. Bayley on June 10, 2009. (A Copy of
the Custody Order is attached hereto as `Exhibit A').
COUNT I - MODIFICATION FOR CUSTODY
5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by
reference as though set forth in full.
6. This Agreement should be modified because:
a. It is believed and therefore averred that the Petitioner was represented by
Counsel when he, under duress and under coercion, was forced to sign a
Stipulation for Custody without the advice of Counsel.
b. It is believed and therefore averred that the Respondent was well aware, even
though she was pm se, and decided to represent herself after seeking the advice
of local Counsel, that the Petitioner was represented by Counsel.
c. It is believed and therefore averred that the Respondent took advantage of the
Petitioner by never contacting his Counsel and informing undersigned Counsel
of the Stipulation prior to the Petitioner's signing of the agreement.
d. It is believed and therefore averred that the Respondent, as a pro se litigant, must
comply with all procedural rules, as an attorney would do when representing
themselves.
i. In fact, the United States Supreme Court has clearly stated, "The right of
self-representation is not a license to abuse the dignity of the courtroom.
Neither is it a license not to comply with relevant rules of procedural and
substantive law." Farretta v. California, 422 U.S. 806 (1975).
e. It is believed and therefore averred that the Respondent failed to serve not only
the Petitioner's Counsel of the Custody Complaint, nor did she serve the
Petitioner the Custody Complaint that was filed with the Cumberland County
Prothontary on June 8, 2009, as required by Pa.R.C.P. 440.
f. It is believed and therefore averred that the Petitioner agreed to sign a Custody
Stipulation and Agreement allowing the Respondent Sole Legal Custody and
agreeing to supervised visitation in the hopes of reconciliation of their failed
relationship.
i. However, the Stipulation does not address whether or not the Respondent
has Primary Custody but based upon the limited contact the Petitioner was
granted by the Respondent it could be assumed that was her intention in the
drafting of the Stipulation.
g. It is believed and therefore averred that the Respondent prayed upon the hopes
and desires of the Petitioner of reconciliation and used this to her advantage
when she sought out the Petitioner's signature on the Stipulation for custody
agreeing to "work on their failed relationship".
h. It is believed and therefore averred that the Petitioner signed this Custody
Stipulation and Agreement because Respondent told him she would agree to
attend counseling in an effort to repair their damaged relationship.
i. It is believed and therefore averred that the Petitioner has not had regular
visitation with his minor child since June 8, 2009, when the he attempted to see
the Respondent and their minor child at North Middleton Park.
i. The Respondent fled North Middleton Park and called 9-1-1, claiming she
was in reasonable fear for her safety.
ii. Consequently, the Respondent filed for a Temporary PFA on June 11, 2009.
iii. A Hearing was held on for June 30, 2009, and an agreement was reached
between the parties whereas the Petitioner entered into a "No Admittance
PFA".
j. The Petitioner met with Dr. Snelson to discuss the issues surrounding the break
up between him and the Respondent; as well as the depression he was currently
feeling at that particular time.
k. Dr. Snelson recognized that the Petitioner had psychological issues that needed
to be addressed and recommended that he seek the help of Dr. Shiv Aggarwal,
Staff Psychiatrist at the Holy Spirit Behavioral Health Center.
1. It is believed and therefore averred that it is in the minor child's best interest to
have a regular custody schedule in which both parents can have regular contact
with their son without supervision since this was not an issue prior to their
break-up.
m. Dr. Aggarwal believes that the Petitioner is working productively on the issues
surrounding his life stressors and is currently presented as "stable". In fact he
has improved his coping skills for dealing with the stress in his life. (A Copy of
the Letter from Dr. Aggarwal is attached hereto as `Exhibit B').
i. It is believed and therefore averred that the Petitioner have unsupervised
visitation with his minor child since Dr. Aggarwal believes he is currently
doing well and compliant with his treatment.
7. It is believed and therefore averred that a Custody Conciliation should be scheduled in
order to address the issues that resulted from the initial pro se filing by the Respondent.
8. It is believed and therefore averred a Custody Conciliation should be scheduled in order to
address the treatment that that Petitioner is receiving at the Acute Care Partial
Hospitalization Program with Dr. Aggarwal so that the Petitioner may now have
unsupervised visitation with his minor child.
WHEREFORE, the Petitioner requests that this Court schedule a Conciliation to address
the issues surrounding the initial Custody Complaint that was filed, modify the existing Order since
it was signed under duress and forced under fraudulent practices and address the letter from the
Petitioner's physician and as a result; thereby grant shared legal and physical custody of the child to
both the Petitioner and Respondent because it will be in the best interest of their minor child,
Hayden Riley Fink.
D.?TE U ? (xl
T
Respectfully submitted,
ABOM&KUTULAKnS L.L.P.
"(p,
Michelle L. So er, Esquire
Supreme Court ID 93034
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Petitioner
VERIFICATION
I, BRANDON R. FINK, verify that the statements made in this Petition for Modification of
Custody are true and correct to the best of my knowledge, information, and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. §14904 relating to
unsworn falsification to authorities.
01
Date q 99
BRANDON R. FINK
?T
JUN 0 9 ZOOyj?
Nikki Elizabeth Sheaffer
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
No. d9. 37y I
V.
Brandon Riley Fink
Defendant
CIVIL ACTION- LAW
Order of the Court
AND NOW, this 10 day o)gvv, 2009, the terms of the attached
Stipulation are hereby made an Order of this court.
BY THE
The Honorable
Distribution:
ee-Nikki Elizabeth Sheaffer
504 Mill Race Road
Carlisle, Pennsylvania 17013
./ Brandon Riley Fink
172 Virginia Ave.
Carlisle, Pennsylvania 17013
.?14. & Mrs. Paul Sheaffer., custody supervisors
1917 Linglestown Road
Harrisburg, Pa. 17110 //
to [o
l?
EXHIBIT
«A„
r
Nikki Elizabeth Sheaffer IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
Pennsylvania
V.
No. 09_ 37,11 & l
Brandon Riley Fink
Defendant CIVIL ACTION- LAW
STIPULATION
AND NOW come the parties, Nikki Elizabeth Sheaffer, pro se and Brandon
Riley Fink, pro se and hereby stipulate and agree as follows:
1. Mother, Nikki Elizabeth Sheaffer, shall have sole legal custody of the
subject minor child, Hayden Riley Fink, born August 13, 2008.
2. Mother shall appraise Father of Hayden's medical conditions and other
issues relating to the child's health and welfare, in writing by regular mail or
by telephone. When child become's of school age, the appropriate academic
records will also be shared as described above.
3. Father shall continue counseling with Dr. Snelson, Ph.D. every week, or
with such frequency as Dr. Snelson, Ph.D. determines, or until further order
of court, to move forward in the reunification and eventual unsupervised
visits with his son, Hayden. Supervised visits shall continue until such time
Father is deemed appropriate by his counselor Dr. Snelson, Ph.D. to have
unsupervised visits. Written documentation from Dr. Snelson, Ph.D. is to be
provided to Mother prior to unsupervised contact occurring, stating that
Father is safe for such said visits.
4. Supervised visits shall occur between Father and said minor child, on
Wednesdays or Thursday of parents long work week and Mondays or
Fridays on the short work weeks, times to be determined by the parities and
the supervisor's of the visits. Supervised visits shall occur in a public place
such as a mall or Goodwill Fire Company if Mother is the supervisor. If
visits are supervised by Mother's father, Paul L. Sheaffer and his wife,
Suzanne F. Sheaffer, the visits can occur at their house 1917 Linglestown
Road, Harrisburg, Pennsylvania or other mutual agreed upon location.
?-/? mg'--
Monthly meetings shall be established between the parties and Paul and
Suzanne Sheaffer to discuss the progress of supervised visits. Paul and
Suzanne Sheaffer shall make themselves available whether in person,
telephonically or written communication to Father's therapist upon his
request to discuss progress with his child. Other times of visitation are at the
discretion of the parties and mutually agreed upon.
5. Father, Brandon Riley Fink, is hereby enjoined from contacting Mother,
Nikki Elizabeth Sheaffer in any threatening manner, whether verbal,
gestured or electronically as well as any other means of communication.
6. No Conflict Zone: Each parent agrees not to attempt to alienate the
affections of the child from the other and will make a special conscious
effort not to do so. Both parties shall establish a No Conflict Zone for their
child and refrain from making derogatory comments about the other parent
in the presence of the child whether the child is sleeping or awake.
Each parent shall speak respectfully of the other whether it is believed the
other reciprocates or not. Each parental figure shall refer to the other by the
appropriate role name such as Mom, Dad, Nana, Pop, etc. Each parent
should agree to refrain from encouraging the child to provide reports about
the other parent. Communication should always take place directly between
the parents, without using the child as an intermediary. Each parent should
encourage their child to send the appropriate holiday cards to the other.
7. During any period of custody or visitation the parties to this Order shall
not posses or use any controlled substance, nor shall they consume alcoholic
beverages to the point of intoxication, nor smoke cigarettes inside the
residence or vehicle. The parties shall likewise assure, to the extent
possible, that other household members and/ or houseguests comply with
this prohibition.
AIC
-1
June 5, 2009
,?-12
Ni 'Elizabeth She r
Pro se
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 5TI
DAY OF JUNE, 2009
N0 7A Y PUB C
NOTAA'7PIJ??'.1NT ,_10 ?110?
IMT" 100001 DMUlMMM. ?
June 5, 2009
Brandon Riley Fink
Pro se
SWORN TO AND SUBSCRIBED
n1PF P1PY '-R FMa IS 5TH
DAY Of JUNE,
LIC
Tmder N P'wet W
SW*m
S wry K Trader, J.D.
551 wee Drive
Harrisburg, Pa 17111
717586-1732
1210056
3", PA,
Trd' N
sew-M
Barry K Tmder, J.D.
551 West Drive
Ha rWwg, ft 17111
717-GW1732
RE)-?r?
NOTARO`(
OF THE P? '
2009 JUN -8 AM 10= 5 4
LNly
NHA!.
'V.
Pr?1.?SxL
*it
,?? iat • KYSiMb F
1.
YRA 4*
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DOHOLY
PIT
S P I T A L
The Spirit of Caring
June 25, 2009
To Whom It May Concern:
Brandon Fink is currently attending the Acute Care Partial Hospitalization
Program. Mr. Fink has been fully compliant with treatment. He is working productively
on issues surrounding his life stressors. Mr. Fink has presented as stable from a
psychiatric standpoint during his treatment here. He has improved his coping skills for
dealing with stress.
If you have any questions, please do not hesitate to contact Allison Barno, Patient
Care Manager, at 717-763-2235 Monday - Friday from 8:00 a.m. to 3:00 p.m.
Sincerely,
iv Aggarwal,M D.
Staff Psychiatrist
Behavioral Health Center
A Service of Holy Spirit Health System EM MIT
503 North 21st Street • Camp Hill, PA 17011-2288
(717) 763-2100 M
CERTIFICATE OF SERVI E
AND NOW, this 30"' day of June 2009, I, Michelle L. Sommer, Esquire, of Abom 6
Kutulakis, LLP., hereby certify that I did serve a true and correct copy of the foregoing Petition for
Modification, upon the Respondent by depositing, or causing to be deposited, same in the United
States, postage prepaid addressed to the following:
Nikki Elizabeth Sheaffer
504 Mill Race Road
Carlisle, PA 17013
Respectfully submitted,
ABOM&KUTULAKi4 L.L.P.
Michelle L. Sommer, E uire
Supreme Court ID No. 93034
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for the Petitioner
FILED-Ck7- CE
OF THc. DFRO ', ? "v'OT, '
2009 JUN 3U PH 2: 5-6
c Eir'
? ?a. oa ?cc &?
e cam' to sc)
dam- 02 a7gZ/
NIKKI ELIZABETH SHEAFFER
PLAINTIFF
V.
BRANDON RILEY FINK
DF,FENDANT
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
2009-3741 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, _ Wednesday, July 01, 2009 , upon consideration of the attached. Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at__ 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 07, 2009 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ john. Mangan, r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
ALED-r 'tTM`i=iC .
OF Hr. g
"IDTARY
2004 JUL -2 AM 9: ? 8
pF
NIKKI ELIZABETH SHEAFFER, 1N THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v• No. 09-3741 CIVIL ACTION LAW
BRANDON RILEY FINK, IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley, P.J.
ORDER OF COURT
AND NOW this ~ day of August 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. Leal Custody: The Father, Brandon Fink, and the Mother, Nikki S:heaffer, shall have shared
legal custody of Hayden Riley Fink, born 08/13/2008. The parties shall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. T o the extent one parent has
possession of any such records or information, that parent shall be resquired to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Absent agreement otherwise or further Order of Court, during Father's periods
of physical custody, paternal uncle, David Erney, sha]~l be physically present and
assist/ be present during the transportation of Hayden..
b. On Sunday 08/16/2009, Father shall have physical custody of Hayden from 1:00
pm until 4:30 pm. The parties shall exchange custody at the Summerdale
McDonald's at the designated times.
c. On Sunday 08/23/09, Father shall have physical custody of Hayden from 1:00
pm until 4:30 pm. The parties shall exchange custody at the New Cumberland
McDonald's at the designated times.
d. On Saturday 08/29/09, Father shall have physical custody of Hayden from 2:00
pm until 7:00 pm. The parties shall exchange custody at the Summerdale
McDonald's at 2:00 pm and at the New Cumberland T/IcDonald's at 7:00 pm.
e. On Sunday 08/30/09, Father shall have physical custody of Hayden from 2:00
pm until 7:00 pm. The parties shall exchange custody at the Summerdale
McDonald's at 2:00 pm and at the New Cumberland 1`/IcDonald's at 7:00 pm.
f. On Sunday 09/06/09, Father shall have physical custody of Hayden from 1:00
pm until 6:00 pm. The parties shall exchange custody at the New Cumberland
McDonald's.
g. On Monday 09/07/09, Father shall have physical custody of Hayden from 1:00
pm until 7:00 pm. The parties shall exchange custodly at the Summerdale
McDonald's at 1:00 pm and at the New Cumberland McDonald's at 7:00 pm.
h. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
4. Counseling: Father shall, and has agreed to, continue with his mental health
treatment/counseling and follow the recommendations until successfully discharged.
5. Holidays: The parents shall arrange the holiday schedule as mutuallly agreed upon; in the
absence of agreement, a schedule shall be established at the conference with the assigned
conciliator on 09/08/09 at 2:30 pm.
6. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
7. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use non- prescribed
controlled substances or consume/be under the influence of alcoholic; beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. A status conciliation telephone conference is hereby scheduled with the assigned conciliator on
09/08!09 at 2:30 pm. The assigned conciliator shall initiate the call too counsel.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
D' tribution:
a Blair, Esquire
~helle Sommer, Esquire
/John J. Mangan, Esquire
S /?/bq
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NIKKI ELIZABETH SHEAFFER,
Plaintiff
v.
BRANDON RILEY FINK,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COiJNTY, PENNSYLVANIA
No. 09-3741 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject ~of this litigation is as
follows:
Name Date of Birth
Hayden Riley Fink 08/13/2008
Currently in the Custody of
Primary Mother
2. A Conciliation Conference was held with regard to this matter on August 14, 2009 with the
following individuals in attendance:
The Mother, Nikki Sheaffer, with her counsel, Nora Blair, Esq.
The Father, Brandon Fink, with his counsel, Michelle Sommer, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
s` ~.-.~,
Date John J. an an, Esquire
Custo~ C nciliator
2QQ4 AUU 17 P;1 3~ D~
NOV 0 9 2009 `~
NIKKI ELIZABETH SHEAFFER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 09-3741 CIVIL ACTION LAW
BRANDON RILEY FINK, IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley, P.J.
ORDER OF COURT
AND NOW this 13 ~ day of November 2009, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. This Order is entered pursuant to a Custody Conciliation onference. A Custody Hearing is
hereby sche u ed o the ~ ~ day of'1~~ , 20 at I ; 3a a~/pm in Courtroom
number in t u er oun y ourt of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Child. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
3. Leal Custody: The Father, Brandon Fink, and the Mother, Nikki Sheaffer, shall have shared
legal custody of Hayden Riley Fink, born 08/13/2008. The parties shall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. On Saturday November 7, 2009 and Sunday November 8, 2009, Father shall
have supervised physical custody of Hayden from 11:00 am until 7:15 pm each
day supervised by paternal grandmother. The parties shall exchange custody at
the New Cumberland McDonald's at the designated times.
b. Commencing November 20, 2009, Father shall have alternating weekends
supervised by paternal grandmother from Friday 7:15 pm until Sunday 7:15 pm.
The parties shall exchange custody at the McDonald's off of route 83 at the
Limekiln Road exit at the designated times.
c. Father shall ensure that Hayden receives proper meals, adequate sleep and
generally well-cared for.
d. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
5. Counseling: Father shall, and has agreed to, continue with his mental health
treatment/counseling and follow the recommendations until successfully discharged.
6. Custody evaluation: Both Mother and Father have agreed to engage in a custody evaluation
with Stanley Schneider, Ph.D. as long as there has been no prior treatment or evaluations by
the evaluator or the office of the evaluator. The evaluator shall review and Father shall consent
to the review of Father's mental health records at Holy Spirit Hospital and records of other
mental health facilities/professionals whom have treated Father. Father has agreed to, and
shall, pay the full cost of the custody evaluation subject to Father's right to request a judicial
determination as to allocation of financial obligations.
7. Holidays: Absent mutual agreement otherwise, the parties shall adhere to the holiday schedule
as attached.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
11.
This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
D'stribution:
~ora Blair, Esquire
even Howell, Esq., 619 Bridge Street, New Cumberlan~
~hn J. Mangan, Esquire
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HOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Easter Day 1St Half From 9 am until 3 pm Father Mother
Easter Day 2n Half From 3 pm until 9 pm Mother Father
Memorial Day From 9 am until 9 pm Mother Father
Independence Day From 9 am until 9 pm Father Mother
Labor Day From 9 am until 9 pm Mother Father
Halloween From one hour before trick or
treating to one hour after trick or
treating Father Mother
Thanksgiving 1St
Half From 8 am Thanksgiving Day to 2
pm on Thanksgiving Day Father Mother
Thanksgiving 2"
half From 2 pm on Thanksgiving Day to
noon the day after Thanksgiving Day Mother Father
Christmas 1St Half From noon on 12/24 to noon on
12/25 Father Mother
Christmas 2° Half From noon on 12/25 to noon on
12/26 Mother Father
New Year's From 6 pm 12/31 until noon January
1St (with the 12/31 year to control the
even/odd determination) Mother Father
Mother's Day From 9 am until 9 pm Mother Mother
Father's Day From 9 am until 9 pm Father Father
NIKKI ELIZABETH SHEAFFER,
Plaintiff
v.
BRANDON RILEY FINK,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-3741 CIVIL ACTION LAW
1N CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Child who is the subject of this litigation is as
follows:
Name Date of Birth
Hayden Riley Fink 08/13/2008
Currently in the Custody of
Primary Mother
2. A Conciliation Conference was held with regard to this matter on August 14, 2009, an Order
issued August 17, 2009, a telephonic conference held 09/08/09, a telephonic conference held
9/15/09, a conference was held 10/13/09 but was ended prematurely, an attempted telephonic
conference was held 10/27/09 but also ended prematurely and the undersigned has had to have
separate communication with counsel regarding their respective positions on custody:
The Mother, Nikki Sheaffer, with her counsel, Nora Blair, Esq.
The Father, Brandon Fink, with his counsel, Steven Howell, Esq.
3. The Mother's position on custody is as follows: Mother requests primary custody of Hayden
and alleges that she has been the primary care-giver for Hayden. Mother has concerns regarding
Father's mental health and anger management issues. Mother has a Protection From Abuse Order in
place in regard to herself, but the Order does not involve Hayden. Mother alleges that Father needs
supervision during his custodial periods with Hayden. Father's time with Hayden began by
supervision at Mother's residence, then supervised at maternal grandfather's in Harrisburg and
maternal grandmother's residence in Perry County, then Father was supervised by paternal uncle,
David Erney, and now father currently is supervised by paternal grandparents. Mother believes that
father still needs to be supervised. Mother desires some assurance that Father is abiding by his
mental health treatment and adhering to the recommendations. Mother does not oppose a custody
evaluation as long as Father pays for the evaluation (and other requirements). Mother indicates that
she wants a very gradual increase in time that Father spends with Hayden until she has a comfort level
that Father is stable and able to care for the Child. At this point, Mother is offering Father one
overnight every other weekend supervised at paternal grandmother's residence.
4. The Father's position on custody is as follows: Father desires more time with Hayden and does
not believe any supervision is necessary. Father indicates that he is following through with any and all
mental health treatment and recommendations. Father indicates that he has acquiesced to Mother
requests for supervision to this point. Father indicates that all of his supervised time with Hayden has
gone extremely well and that are no concerns about his ability to properly care for Hayden. Father, at
a bare minimum, would like every other weekend from Friday until Sunday and Father is willing to
have these overnights at paternal grandmother's residence "supervised". Father alleges that he is
stable and can offer Hayden a safe and secure environment. Father would also like some sort of
holiday schedule to be established. Father would like a custody evaluation performed by Stan
Schneider and is willing to pay for the evaluation up front, but reserves the right to have the Court
make a determination as to the allocation of costs between Mother and Father.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would
be in the Children's best interest. It is expected that the Hearing will require one day.
6. The proposed recommended Order may contain a requirement that the parties file apre-trial
memorandum with the Judge to whom the matter has been assigned.
Date
Jo J. angan, Esquire
C stod Conciliator
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MAR 17 2010
NIKKI E. SHEAFFER, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 09-3741 CIVIL ACTION -LAW
BRANDON R. FINK,
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, this ~~ay of `;~?~w~. , 2010 it is hereby ORDERED
that the hearing for April 12, 2010 at 1:30 PM is rescheduled for _~~ ,~G2
~, 2010 at1;30~~M in Courtroom Number ~_, of the Cumberland County
Courthouse, Carlisle, Pennsylvania 17013. The Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify and a summary of the
anticipated testimony of each witness shall be filed and served upon opposing counsel at least
five (5) days prior to the rescheduled hearing date.
By the Court:
e Honorable Albert H. Masland
Certified Copies To:
/ Steven Howell, Esquire (Attorney for Defendant/Petitioner)
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
'Nora F. Blair, Esquire (Attorney for Plaintiff/Respondent)
P.O. Box 6216
Harrisburg, PA 17112-0216
/Stanley E. Schneider, Ed. D. (Court Appointed Expert)
Guidance Associates of Pennsylvania
412 Erford Road
Camp Hill, PA 17011
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NIKKI E. SHEAFFER
PLAINTIFF
VS.
BRANDON R. FINK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-3741 CIVIL ACTION -LAW
IN CUSTODY
ORDER OF COURT
AND NOW, th s day of , 2010 it is hereby ORDERED
that by agreement oft e parties all previous custody orders in this matter are VACATED
and replaced with this
1. Legal Custody~: The Father, Brandon Fink, and the Mother, Nikki Sheaffer,
shall have shared legal custody of HAYDEN RILEY FINK (DOB 8/13/2008). The parties
shall have an equal rig t to make all major non-emergency medical decisions affecting the
Child's general well b ing including but not limited to all decisions regarding his health,
education and religion. Pursuant to the terms of 23 Pa.C.S.A. §5309, each parent shall be
entitled to all records d information pertaining to the Child, including but not limited to,
medical, dental, religious or school records, the residence address of the Child and of the
other parent. To the e tent one parent has possession of any records or information, that
parent shall be require to share the same or copies thereof with the other parent within such
reasonable time as to ake the records and information of reasonable use to the other parent.
2. Ph sical Cust d Mother shall have primary physical custody of the Child
subject to Father's peri ds of physical custody as follows (this consists of two segments in
that there is a transitio time from supervised visitation and then to unsupervised visitation):
3. Transition frohm Supervised to Unsupervised Custody: Until the schedule set
forth below is complet~d, Father's periods of custody will be supervised by one or both
of his parents (child's ~aternal grandparents). The parties agree to the following transition
schedule (which may lave already commenced at the time this Order is executed):
First Weekend (Mon h One):
Saturday: For one (1 }two (2) hour period of time Father and Hayden go to a
McDon ld's Playland or amusement park or public park. This would
occur o the first weekend he is with his Father after the parties execute
the Stin lation.
Sunday: For one (1) two (2) hour period of time Father and Hayden go to a
McDon ld's Playland or amusement park or public park. This would
occur o the first weekend he is with his Father after the parties execute
the Stin lation.
Second Weekend (M nth One):
Saturday: Two (2 weeks later Father would take Hayden to his home for one (1)
four (4) hour period of time. This would be unsupervised.
Sunday: Again, ne (1) four (4) hour period of time at Father's home in Carlisle.
This w uld be unsupervised. On both this Friday and Saturday Hayden
would r main overnight at Father's parents' home.
Third Weekend (Mo th Two):
Friday : Two w eks later Hayden would spend overnight at Father's home with
his mo er (paternal grandmother) and Father until Saturday morning.
This w uld occur in Carlisle.
Saturday: Hayden would spend six (6) hours with his Father unsupervised but the
Child sl eps over at the paternal grandmother's home.
Sunday: Hayden would spend six (6) hours with his Father unsupervised.
Fourth Weekend (M nths Two):
Friday: On the ourth alternating weekend the child sleeps overnight
Friday vernight at Father's home in Carlisle with Father's mother
being p esent. During the day on Saturday and Sunday the Child can be
with his Father unsupervised. On Saturday evening the child and his
Father ill spend the first overnight unsupervised in Carlisle.
Alternating Monday (commencing after the second weekend set forth above):
The parties (or other c mpetent adults set forth below) shall meet after Father's work at
5:00 PM and return at 8:00 PM at the Exchange Site set forth below. These visits may be
unsupervised.
4. Unsupervised ICustody Schedule: Once the four (4) weekends have been
completed as set forth above the parties shall use the following schedule:
Fifth Weekend (Month Three):
Comm ncing on the fifth alternating weekend Father would enjoy
unsupe ised overnight visitations with Hayden from Friday at 8:00
PM unt 1 Saturday at 8:00 PM
Sixth Weekend (Month Three):
Comm ncing on the sixth alternating weekend Father would enjoy
unsupe ised overnight visitations with Hayden from Friday at 8:00
PM unt 1 Sunday at 8:00 PM
Seventh Weekend (1V~onth Four and continuing thereafter on an alternating weekly
basis):
Comm ncing on the seventh alternating weekend Father would enjoy
unsupe ised overnight visitations with Hayden from Thursday at 7:15
PM unt 1 Sunday at 8:00 PM
Once F ther has achieved unsupervised overnight visitations (commencing
on the rst Monday after the Fifth Weekend described above), he shall
enjoy p rinds of partial custody on alternating Mondays (in the week
followi g Mother's Sunday overnight) from 8:00 PM to
Tuesda sat 8:00 PM.
5. Exchange Site
(parents/step-parents
at I-83 and Limekiln
Pennsylvania for all
The parties or members of their immediate family
significant others) shall meet at Tom's Gas Station/McDonalds
in New Cumberland, Fairview Township, York County,
The parties are free by mutual agreement to change
this exchange site.
6. Holidays: bsent mutual agreement the parties shall adhere to the holiday
schedule which is atta hed hereto as Exhibit "A".
7. Neutral Third Party: If the parties need the services of a neutral third
party to assist in any d sputes regarding this Order they shall share equally in the costs
incurred with Dawn S day, Esquire for up to three (3) one (1) hour sessions. The
parties shall attempt t 's route prior to filing any petitions to modify absent an emergency
situation or contempt
requirement to seek
agreement to use her
8. Vacations•
he shall be entitled in
as it does not take a
regular period of ov
(2) non-consecutive
consecutive seven (7) c
away any holiday with
overnight visitation.
Both parties
expected vacation
the loss of the other
the event they have a
Saturday/Friday to Fr
the other parent so the c
court issue. The parties are free to mutually waive this
services of Attorney Sunday. They are also free by mutual
vices for more than three (3) sessions.
Father achieves unsupervised overnight periods of custody
10 to enjoy one (1) seven (7) day vacation with Hayden so long
any holiday with Mother and the seven (7) days coincide with his
;ht visitation. Beginning in 2011 Father shall be entitled to two
(7) day vacations. Mother shall be entitled to two (2) non-
lay vacations in 2011 and thereafter so long as it does not take
Father and the seven (7} days coincide with her regular period of
notify the other at least thirty (30) days in advance of their
Neither parent shall exercise a vacation which would result in
's alternating weekend. However, both parents agree that in
long vacation (i.e. shore rental which runs from Saturday to
/or Sunday to Sunday) that they will reasonably cooperate with
ld enjoys the maximum time with the vacationing parent. In
the event a parent "loss" an overnight because of this scheduling issue he/she shall be
provided with a make ~Zp evening as soon as possible.
Both parties pr~vide the other party with the phone number and location of any
overnight trips out of ~tate. Both parties agree that the Child shall not miss any school
because of vacation pl~ns unless both parents agree or the school approves the vacation
as an alternate educational trip for up to two (2) school days per academic year per
parent.
9.
a. If Hay en is admitted to the hospital or emergency room Father shall be
allowe to visit with his son without running the risk of violating the
Protect' on from Abuse Petition. Father shall be informed within 48 hours
of the r sults of any visits the Child has with treating physicians. Both
parties hall immediately notify the other parent in the event of an
emerge cy medical condition in which the Child is taken to the hospital or
emerge cv room for care.
b. During y periods of custody or visitation the parties shall not possess or
use ille al substances or consume/be under the influence of alcoholic
bevera es to the point of intoxication. The parties shall likewise assure, to
the ext t possible, that other household members and/or house guests
comply with this provision.
Neither party shall say or do anything or permit a third party to do or say
anythin that may estrange the Child from the other parent or injure the
opinion of the Child as to the other party, or may hamper the free and
natural evelopment of the Child's love or affection for the other parent.
To the xtent possible, both parties shall not allow third parties to
dispara a the other parent in the presence of the Child. ,
d. Father shall follow the suggestion regarding the parenting video set forth
in Dr. S~chneider's Report.
e. Father shall follow the recommendations of his treating
physici psychiatrist and continue therapy/treatment if requested by the
f. Mother hall provide Father with the child's residential address on
Decem er 15, 2010.
g. With t
free to
expiration of any protection from abuse orders, the parties are
~mmunicate directly with each other regarding custody matters.
AGREED TO AS STATED ABOVE:
By:
By:
R.
Attorney for
By:
By:
~.
Ni i E. S ffer
c
o Blair, Esquire
Attorney for Plaintiff
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By the Court: `~`,L c,
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The Honorable Albert H. Masland
Certified Copies To:
Steven Howell, Esqu
Howell Law Firm
619 Bridge Street
New Cumberland, P~
Nora F. Blair, Esquire
P.O. Box 6216
Harrisburg, PA 1711:
Stanley E. Schneider,
Guidance Associates
412 Erford Road
Camp Hill, PA 1701 ]
(Attorney for Defendant/Petitioner)
17070
(Attorney for Plaintiff/Respondent)
!-0216
Ed. D. (Court Appointed Expert)
of Pennsylvania
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LIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Da 1 Half From 9 until 3 m Father Mother
Easter Da 2n Half From 3 until 9 m Mother Father
Memorial Da From 9 until 9 m Mother Father
Ind endence Da From 9 until 9 m Father Mother
Labor Da From 9 until 9 m Mother Father
Halloween From on hour before trick or Father Mother
treating one hour after trick or
treatin
Thanksgiving is From 8 Thanksgiving Day to 2 Father Mother
Half m on T arks 'vin Da
Thanksgiving 2n From 2 m on Thanksgiving Day to Mother Father
half noon th da after Thanks 'vin Da
~l~stmas 1 •~alf `"'From no non 12/24 to noon on `` h'er` Mother
12/25
Christmas 2 Ralf . From no non 12/25 to noon on 1Vlother Father
12/26
New Year's From 6 m 12/31 until noon January Mother Father
1st (with the 12/31 year to control the
even/od determination
Mother's Da From 9 until 9 m Mother Mother
Father's Da From 9 until 9 m Father Father
i
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JUL 21 2010
NIKKI E. SHEAFFER,
PLAINTIFF
VS.
BRANDON R. FINK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA r3
NO. 09-3741 CIVIL ACTI(~' L,?~V
_ _ ~.. .
. ~`~ ', rv
IN CUSTODY r.;
-i.:-
r ~-
ORDER OF COURT "
~~
.~~~~ /' /
AND NOW, this ~~- day of f , 2010 it is hereby ORDERED
that by agreement of the parties all previous custody orders in this matter are VACATED
and replaced with this ORDER.
1. Leal Custody: The Father, Brandon Fink, and the Mother, Nikki Sheaffer,
shall have shared legal custody of HAYDEN RILEY FINK (DOB 8/13/2008). The parties
shall have an equal right to make all major non-emergency medical decisions affecting the
Child's general well being including but not limited to all decisions regarding his health,
education and religion. Pursuant to the terms of 23 Pa.C.S.A. §5309, each parent shall be
entitled to all records and information pertaining to the Child, including but not limited to,
medical, dental, religious or school records, the residence address of the Child and of the
other parent. To the extent one parent has possession of any records or information, that
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parent shall be required to share the same or copies thereof with the other parent within such
reasonable time as to make the records and information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the Child
subject to Father's periods of physical custody as follows (this consists of two segments in
that there is a transition time from supervised visitation and then to unsupervised visitation):
.~
Transition from Supervised to Unsupervised Custody: Until the schedule set
forth below is completed, Father's periods of custody will be supervised by one or both
of his parents (child's paternal grandparents). The parties agree to the following transition
schedule (which may have already commenced at the time this Order is executed):
First Weekend (Month One):
Saturday: For one (1) two (2) hour period of time Father and Hayden go to a
McDonald's Playland or amusement park or public park. This would
occur on the first weekend he is with his Father after the parties execute
the Stipulation.
Sunday: For one (1) two (2) hour period of time Father and Hayden go to a
McDonald's Playland or amusement park or public park. This would
occur on the first weekend he is with his Father after the parties execute
the Stipulation.
Second Weekend (Month One):
Saturday: Two (2) weeks later Father would take Hayden to his home for one (1)
four (4) hour period of time. This would be unsupervised.
Sunday: Again, one (1) four (4) hour period of time at Father's home in Carlisle.
This would be unsupervised. On both this Friday and Saturday Hayden
would remain overnight at Father's parents' home.
Third Weekend (Month Two):
Friday : Two weeks later Hayden would spend overnight at Father's home with
his mother (paternal grandmother) and Father until Saturday morning.
This would occur in Carlisle.
Saturday: Hayden would spend six (6) hours with his Father unsupervised but the
Child sleeps over at the paternal grandmother's home.
Sunday: Hayden would spend six (6) hours with his Father unsupervised.
Fourth Weekend (Months Two):
Friday: On the fourth alternating weekend the child sleeps overnight
Friday overnight at Father's home in Carlisle with Father's mother
being present. During the day on Saturday and Sunday the Child can be
with his Father unsupervised. On Saturday evening the child and his
Father will spend the first overnight unsupervised in Carlisle.
Alternating Mondays (commencing after the second weekend set forth above):
The parties (or other competent adults set forth below) shall meet after Father's work at
5:00 PM and return at 8:00 PM at the Exchange Site set forth below. These visits may be
unsupervised.
4. Unsupervised Custody Schedule: Once the four (4) weekends have been
completed as set forth above the parties shall use the following schedule:
Fifth Weekend (Month Three):
Commencing on the fifth alternating weekend Father would enjoy
unsupervised overnight visitations with Hayden from Friday at 8:00
PM until Saturday at 8:00 PM
Sixth Weekend (Month Three):
Commencing on the sixth alternating weekend Father would enjoy
unsupervised overnight visitations with Hayden from Friday at 8:00
PM until Sunday at 8:00 PM
Seventh Weekend (Month Four and continuing thereafter on an alternating weekly
basis):
Commencing on the seventh alternating weekend Father would enjoy
unsupervised overnight visitations with Hayden from Thursday at 7:15
PM until Sunday at 8:00 PM
Once Father has achieved unsupervised overnight visitations (commencing
on the first Monday after the Fifth Weekend described above), he shall
enjoy periods of partial custody on alternating Mondays (in the week
following Mother's Sunday overnight) from 8:00 PM to
Tuesdays at 8:00 PM.
5. Exchange Site: The parties or members of their immediate family
(parents/step-parents and significant others) shall meet at Tom's Gas Station/McDonalds
at I-83 and Limekiln Road in New Cumberland, Fairview Township, York County,
Pennsylvania for all exchanges. The parties are free by mutual agreement to change
this exchange site.
6. Holidays: Absent mutual agreement the parties shall adhere to the holiday
schedule which is attached hereto as Exhibit "A".
7. Neutral Third Party: If the parties need the services of a neutral third
party to assist in any disputes regarding this Order they shall share equally in the costs
incurred with Dawn Sunday, Esquire for up to three (3) one (1) hour sessions. The
parties shall attempt this route prior to filing any petitions to modify absent an emergency
situation or contempt of court issue. The parties are free to mutually waive this
requirement to seek the services of Attorney Sunday. They are also free by mutual
agreement to use her services for more than three (3) sessions.
8. Vacations: Once Father achieves unsupervised overnight periods of custody
he shall be entitled in 2010 to enjoy one (1) seven (7) day vacation with Hayden so long
as it does not take away any holiday with Mother and the seven (7) days coincide with his
regular period of overnight visitation. Beginning in 2011 Father shall be entitled to two
(2) non-consecutive seven (7) day vacations. Mother shall be entitled to two (2) non-
consecutive seven (7) day vacations in 2011 and thereafter so long as it does not take
away any holiday with Father and the seven (7} days coincide with her regular period of
overnight visitation.
Both parties shall notify the other at least thirty (30) days in advance of their
expected vacation times. Neither parent shall exercise a vacation which would result in
the Loss of the other parent's alternating weekend. However, both parents agree that in
the event they have a week long vacation (i.e. shore rental which runs from Saturday to
Saturday/Friday to Friday/or Sunday to Sunday) that they will reasonably cooperate with
the other parent so the child enjoys the maximum time with the vacationing parent. In
the event a parent "loses" an overnight because of this scheduling issue he/she shall be
provided with a make up evening as soon as possible.
Both parties provide the other party with the phone number and location of any
overnight trips out of state. Both parties agree that the Child shall not miss any school
because of vacation plans unless both parents agree or the school approves the vacation
as an alternate educational trip for up to two (2) school days per academic year per
parent.
9. Other Conditions:
a. If Hayden is admitted to the hospital or emergency room Father shall be
allowed to visit with his son without running the risk of violating the
Protection from Abuse Petition. Father shall be informed within 48 hours
of the results of any visits the Child has with treating physicians. Both
parties shall immediately notify the other parent in the event of an
emergency medical condition in which the Child is taken to the hospital or
emergency room for care.
b. During any periods of custody or visitation the parties shall not possess or
use illegal substances or consume/be under the influence of alcoholic
beverages to the point of intoxication. The parties shall likewise assure, to
the extent possible, that other household members and/or house guests
comply with this provision.
c. Neither party shall say or do anything or permit a third party to do or say
anything that may estrange the Child from the other parent or injure the
opinion of the Child as to the other party, or may hamper the free and
natural development of the Child's love or affection for the other parent.
To the extent possible, both parties shall not allow third parties to
disparage the other parent in the presence of the Child. .
d. Father shall follow the suggestion regarding the parenting video set forth
in Dr. Schneider's Report.
e. Father shall follow the recommendations of his treating
physician/psychiatrist and continue therapy/treatment if requested by the
professional.
£ Mother shall provide Father with the child's residential address on
December 15, 2010.
g. With the expiration of any protection from abuse orders, the parties are
free to communicate directly with each other regarding custody matters.
AGREED TO AS STATED ABOVE:
By:
Bran on R. Fink ~
By:
Attorney for Defendant
By:
Ni i E. S ffer
By: ~
o Blair, Esquire
Attorney for Plaintiff
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By the Court: ,=~,~ c, =~°, c_:
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The on rable AI ert H. Masland
Certified Copies To:
/ Steven Howell, Esquire (Attorney for Defendant/Petitioner)
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
/ Nora F. Blair, Esquire (Attorney for Plaintiff/Respondent)
P.O. Box 6216
Harrisburg, PA 17112-0216
tanley E. Schneider, Ed. D. (Court Appointed Expert)
Guidance Associates of Pennsylvania
412 Erford Road
Camp Hill, PA 17011
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BOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Easter Da 1 Half From 9 am until 3 m Father Mother
Easter Da 2n Half From 3 m until 9 m Mother Father
Memorial Da From 9 am until 9 m Mother Father
Ind endence Da From 9 am until 9 m Father Mother
Labor Da From 9 am until 9 m Mother Father
Halloween From one hour before trick or
treating to one hour after trick or
treatin Father Mother
Thanksgiving 1 S
Half From 8 am Thanksgiving Day to 2
m on Thanks 'vin Da Father Mother
Thanksgiving 2°
half From 2 pm on Thanksgiving Day to
noon the da after 'Thanks 'vin Da Mother Father
Gl~rr~hnas 1 ~ half 1~rorn noon an 12/24 to noon on ` `
12/25 li at~ier ° Mother
Christmas 2 Half From noon on 12/25 to noon on
12/26 1Vlother Father
New Yeaz's From 6 pm 12/31 until noon January
1St (with the 12/31 year to control the
even/odd determination Mother Father
Mother's Da From 9 am until 9 m Mother Mother
Father's Da, From 9 am until 9 m Father Father
IIn``